[HISTORY: Adopted by the Town Board of the Town of Vernon 9-2-2004
(Ch. 22 of the Town Code). Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 206.
The following terms shall have the meanings indicated:
Any table, platform, mechanical device or apparatus operated or intended
to be operated for amusement, pleasure, test of skill, competition or sport,
the use or operation of which is conditioned upon payment of a consideration
either by insertion of a coin or token in a slot or otherwise. Such amusement
device shall include, but not be limited to, devices commonly known as mechanical
or electronic baseball, football, basketball, hockey, pinball, shuffleboard,
ray rungs, bowling games, bumper games, ski ball, electronic video games,
motor vehicle racing, snowmobile racing, and cart tracks and shall also include
billiard tables and pool tables (whether coin-operated or not). Such definition
does not include a bowling alley, jukebox, or other coin-operated music machine
or a mechanical children's amusement riding device.
Any premises operated by any organization whose primary purpose or
object of its existence or operation is that of providing amusement devices
to the public at retail and any premises operated by any organization whose
majority of gross receipts are derived from the providing of amusement devices
to the public at retail. As used herein, the term "organization" includes
all persons and entities, whether incorporated or not, which own, lease or
occupy the premises.
No person shall operate, place, keep or have in his/her possession any
amusement device as herein defined without having obtained and posted on the
premises in plain view a license to operate such a device. Application shall
be made to the Town Clerk on forms provided by such officer. The forms shall
state the applicant's name, trade name of business and location of proposed
amusement device. Within 30 days following receipt of a completed amusement
device application, the Town Clerk shall forward such application to the Town
Board for consideration. The Town Board shall approve such application unless
it finds that the amusement device, or the premises where the amusement device
is to be located, is not in compliance with one or more applicable federal,
State of Wisconsin, County of Waukesha or Town of Vernon codes, statutes,
regulations, ordinances or other laws or that an amusement parlor license
is required and has not been obtained.
No person shall operate or keep an amusement parlor, as defined herein, without having obtained and posted on the premises, in plain view, a license to operate such parlor. Application shall be made to the Town Clerk on the form provided by such office, accompanied by the application fee in Chapter 206 of this Code, which shall cover the cost of processing the application and shall be nonrefundable. The application shall set for the following information:
A.
The name and address of the applicant or, if a partnership,
the names and addresses of all the partners or, if a corporation, the names
and addresses of the principal officers and registered agent thereof and the
name and address of the person(s) who will supervise the amusement parlor.
B.
The names and addresses of the owners of the amusement
devices to be located on the licensed premises, if such owners are different
from the applicant. If the owners of the amusement devices are a partnership,
the names and addresses of all the partners shall be provided. If a corporation,
the names and addresses of the principal officers and registered agent thereof
shall be provided.
C.
A building plan of the premises to be licensed specifically
describing and otherwise showing all dimensions, indicating the intended division
of floor space, exits and entrances, the areas to be used for amusement devices
and the common aisles.
D.
A site plan of the premises to be licensed which shall
include the proposed landscaping for the subject premises and all the improvements,
parking and driveway areas, and landscaping located on property adjacent to
within 20 feet of the property lines of the premises to be licensed.
E.
If the applicant operates other amusement parlors in
other areas, or has done so in the past, the names and addresses of such other
licensed establishments.
F.
Such additional information as the Town deems necessary
to assist it in determining the qualifications of the applicant for such license.
The application shall be forwarded to the Town Board, which shall hold
a public hearing prior to the granting or denial of any amusement parlor license.
In reviewing each application, the Town Board shall only grant the application
upon making the following findings:
A.
The establishment, maintenance or operation of an amusement
parlor at the location requested will not be detrimental to or endanger the
public health, safety, morals, comfort or general welfare.
B.
The proposed amusement parlor will not be injurious to
the use and enjoyment of other property in the immediate vicinity for the
purpose already permitted nor substantially diminish and impair property values
within the neighborhood.
C.
The establishment of the amusement parlor will not impede
the normal orderly development and improvement of the surrounding property
for uses permitted in the district.
D.
Adequate measures have been or will be taken to maintain
good order surrounding the location thereof.
The Town Clerk shall issue a license upon approval of the application by the Town Board and upon the payment by the applicant of the annual license fee described in Chapter 206 of this Code. All licenses issued herein shall be for one year ending on the 30th day of June and shall not be transferable.
A.
No premises for which an amusement parlor license has
been issued shall be permitted to remain open for the offering of amusement
devices to the public at retail between the hours of 10:00 p.m. and 10:00
a.m.
B.
No premises for which an amusement parlor license has
been issued shall be permitted to remain open for the offering of amusement
devices to the public at retail between the hours of 10:00 a.m. and 3:00 p.m.
on any day on which school is in regular session.
C.
For the purpose of this section, the term "school" shall
mean any institution providing learning facilities for Grades K through 12.
[Amended 3-16-2006 by Ord. No. 2006-05]
The following general requirements shall apply to all amusement parlors
licensed in accordance with this chapter:
A.
All amusement parlors shall have an adult (18 or older)
supervisor on the premises at all times in which the facility is open to the
public.
B.
Every amusement parlor shall provide an adequate area
and number of bicycle racks for the orderly parking of bicycles, which area
shall be separate from a required vehicle parking stall and shall be so located
as to not occupy any portion of a public sidewalk or to otherwise obstruct
pedestrian passage to and from the premises.
C.
Facilities licensed herein shall comply with all other
building, fire code and all other applicable Town, county, state and federal
laws, codes, statutes, ordinances and regulations.
D.
All parlors shall post rules of nonacceptable patron
conduct and shall order anyone violating the rules to leave the premises.
Should the violator refuse to leave, they shall advise the Waukesha County
Sheriff's office immediately.
Licenses may be revoked by the Town Board after a hearing, if an amusement
parlor's location or operation fails to conform to standards provided in this
chapter or violates any other provision of this Code.
